26 March, 2012
Filed UnderLegal Costs
One of the amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill voted through by the House of Lords is that the proposal to end recovery of success fees should not apply in industrial disease claims:
"Exception for industrial disease cases
The changes made by sections 46, 48 and 49 of this Act do not apply in relation to proceedings which include a claim for damages for a disease, condition or illness (whether or not resulting in death) resulting from any breach of duty owed by an employer to an employee."
So, a reasonably well paid engineer who suffers minor hearing loss at work will be able to keep 100% of his damages but a single mother with young children to support who suffers catastrophic injuries following an RTA may lose 25% of her general damages and past losses.
What is fair or rational about making EL disease claims a special case?